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Extradition and Genocide Denial Laws Washington University Global Studies Law Review Volume 17 Issue 3 2018 Undeniably Difficult: Extradition and Genocide Denial Laws Dylan Fotiadis Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the First Amendment Commons, Human Rights Law Commons, International Humanitarian Law Commons, and the Internet Law Commons Recommended Citation Dylan Fotiadis, Undeniably Difficult: Extradition and Genocide Denial Laws, 17 WASH. U. GLOBAL STUD. L. REV. 677 (2018), https://openscholarship.wustl.edu/law_globalstudies/vol17/iss3/10 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. UNDENIABLY DIFFICULT: EXTRADITION AND GENOCIDE DENIAL LAWS INTRODUCTION Denial is often considered the final stage of genocide.1 This is due to the alarming frequency of denial and skepticism that appears to immediately follow the physical killings.2 No act of genocide in the past one-hundred years has been without its subsequent doubters, detractors, or outright deniers.3 The quintessential example of this phenomenon is the denial of the Holocaust — the murder of millions of people, approximately six million of them Jews, in Europe during the Second 1 Gregory Stanton, The Eight Stages of Genocide, GENOCIDE WATCH (1998), http://www.genocidewatch.org/aboutgenocide/8stagesofgenocide.html. A briefing paper by Gregory Stanton was presented to the United States Department of State in 1996 outlining the “Eight Stages of Genocide” which expressly includes denial as the eighth stage. In Stanton’s view, the proper response to genocide denial should be outright prosecution. Id. The eight stages of genocide are said to be (1) Classification, (2) Symbolization, (3) Dehumanization, (4) Organization, (5) Polarization, (6) Preparation, (7) Extermination, and (8) Denial. Id. This has now been updated to include ten stages of genocide, which further includes Discrimination and Persecution as stages. Gregory Stanton, The Ten Stages of Genocide, GENOCIDE WATCH 2 (2013), http://www.genocidewatch.org/images/Ten_Stages_of_Genocide_by_Gregory_Stanton.pdf. 2 Id. 3 See generally Past Genocides and Mass Atrocities, UNITED TO END GENOCIDE (2016), http://endgenocide.org/learn/past-genocides/ (last visited Feb. 7, 2017) (surveying several events in recent history generally considered genocides); see also Genocide Denied, FACING HISTORY & OURSELVES (2016), https://www.facinghistory.org/holocaust-and-human-behavior/chapter- 11/genocide-denied (last visited Feb. 7, 2017) (surveying genocide denial). For detailed analyses of instances of denial of several genocides in the last one hundred years, see generally Tim Arango, A Century After Armenian Genocide, Turkey’s Denial Only Deepens, N.Y. TIMES (Apr. 16, 2015), https://www.nytimes.com/2015/04/17/world/europe/turkeys-century-of-denial-about-an-armenian- genocide.html?_r=0 (detailing denial of the Armenian Genocide); James Oliver, On Holodomor Denial, and Fisking a Denialist Russian Professor of History, EUROMAIDAN PRESS (Dec. 17, 2014), http://euromaidanpress.com/2014/12/17/on-holodomor-denial-and-fisking-a-denialist-russian- professor-of-history/#arvlbdata (detailing modern denial of the Holodomor); Holocaust Denial, ANTI- DEFAMATION LEAGUE, https://www.adl.org/resources/glossary-terms/holocaust-denial (last visited Feb. 7, 2017) (detailing Holocaust denial); Faine Greenwood, Cambodia Passes Law Banning Genocide Denial, PUBLIC RADIO INT’L (June 7, 2013, 6:35 PM), https://www.pri.org/stories/2013-06- 07/cambodia-passes-law-banning-genocide-denial (detailing political issues in Cambodia around Cambodian Genocide denial); Gerald Caplan, Rwanda’s Genocide: First the Deed, then the Denial, GLOBE & MAIL, (Mar. 13, 2007), https://www.theglobeandmail.com/opinion/rwandas-genocide-first- the-deed-then-the-denial/article722068/. (detailing Rwandan Genocide denial); David Rohde, Denying Genocide in the Face of Science, ATLANTIC (Jul. 17, 2015), https://www.theatlantic.com/international/archive/2015/07/srebrenica-massacre-bosnia-anniversary- denial/398846/ (detailing Bosnian Genocide denial). 677 Washington University Open Scholarship 678 WASHINGTON UNIVERSITY GLOBAL STUDIES LAW REVIEW [VOL. 17:677 World War by Nazi Germany and its collaborators.4 The phenomenon of post-genocide denialism has gained worldwide scholarly attention.5 Gregory Stanton, professor of Genocide Studies and Prevention at George Mason University, produced a renowned report in 1996 laying out the “eight stages of genocide” 6 for the U.S. Department of State. In that report, Stanton assigned denial as the eighth stage of genocide, and recommended the proper punishment for genocide denial to be criminal prosecution.7 Indeed, most nations of the European Union (as well as Israel and Russia) criminalize Holocaust denial.8 Despite the threat of criminal prosecution, however, Holocaust and genocide denial have taken on a cult-like following of their own on the internet.9 Denialism of atrocities including the Rwandan Genocide,10 the Armenian Genocide,11 the Cambodian Genocide,12 and others13 is also 4 Introduction to the Holocaust, UNITED STATES HOLOCAUST MEMORIAL MUSEUM, https://www.ushmm.org/learn/introduction-to-the-holocaust; see also Michael Berenbaum, The Uniqueness and Universality of the Holocaust, in A MOSAIC OF VICTIMS: NON-JEWS PERSECUTED AND MURDERED BY THE NAZIS 20, 20 (Michael Berenbaum ed., 1990). 5 See, e.g., Paul Behrens, Genocide Denial and the Law: A Critical Appraisal, 21 BUFF. HUM. RTS. L. REV. 27; see also Alexander Galitsky, The Crime of Genocide Denial?, INT’L POLICY DIGEST (Jul. 3, 2016), https://intpolicydigest.org/2016/07/03/the-crime-of-genocide-denial/. 6 See Stanton, supra note 1. 7 See id. “The response to denial is punishment by an international tribunal or national courts.” Gregory Stanton, Genocide: The Cost of Denial, GENOCIDE WATCH, http://www.genocidewatch.org/aboutus/thecostofdenial.html (last visited Feb. 17, 2018). “Denial harms the victims and their survivors . Denial harms the perpetrators and their successors . [and] Denial harms the bystanders.” Id. Stanton continues to comment on denial of the Armenian Genocide: “[Genocide denial] is what the Turkish government today is doing to Armenians around the world . [W]ithout such healing, scars harden into hatred that cripples the victim and cries out for revenge.” Id. This sentiment is an important reason that genocide denial is considered so offensive. See id.; see generally Denial of Genocide, Psychology of, in ENCYCLOPEDIA OF GENOCIDE 159 (1999). 8 See infra Part I: Background and Issues. 9 See Michael Curtis, Holocaust Denial and the Internet, COMMENTATOR (Feb. 21, 2014, 8:03 AM), http://www.thecommentator.com/article/4745/holocaust_denial_and_the_internet (detailing the rise of Holocaust denial on the internet); see also John T. Soma et al., Transnational Extradition for Computer Crimes: Are New Treaties and Laws Needed?, 34 HARV. J. ON LEGIS. (SPECIAL ISSUE) 317, 344 (1997) (“The United States’ liberal regulation of speech has resulted in extremist groups funneling information through the United States to other countries where tighter controls on speech exist.”). 10 The events that are known today as the Rwandan Genocide occurred in 1994 during a conflict between two major ethnic groups in Rwanda, the Hutus and the Tutsis. The Rwandan Genocide, HISTORY.COM (2009), http://www.history.com/topics/rwandan-genocide. Ultimately, “[a]pproximately 800,000 Tutsis and Hutu moderates were slaughtered in a carefully organized program of genocide over 100 days . .” The Rwandan Genocide, END GENOCIDE.ORG, http://endgenocide.org/learn/past- genocides/the-rwandan-genocide/ (last visited Apr. 20, 2018). 11 The Armenian Genocide was the systematic murder of approximately 1.5 million ethnic Armenians in the final days of the Ottoman Empire in 1915 at the hands of Turkish authorities. The Armenian Genocide, END GENOCIDE.ORG, http://endgenocide.org/learn/past-genocides/the-armenian- genocide/ (last visited Feb. 17, 2018). This genocide is considered to be a precursor to the Holocaust, as Adolf Hitler later wrote, “W]ho today still speaks of the massacre of the Armenians?” Id. This is an interesting reminder of the ravages of denialism, ignorance, and skepticism about genocide. https://openscholarship.wustl.edu/law_globalstudies/vol17/iss3/10 2018] UNDENIABLY DIFFICULT 679 It remains the official national policy of the modern state of Turkey to deny that there was a systematic genocide of ethnic Armenians, id., which continues to chill relations between Turkey and Armenia. Id. Merely discussing the Armenian genocide is outlawed in Turkey. Id. This also stymies the legislatures of other nations that have or are considering recognizing the Armenian genocide, lest they anger Turkey. See Alison Smale & Melissa Eddy, German Parliament Recognizes Armenian Genocide, Angering Turkey, N.Y. TIMES (June 2, 2016), https://www.nytimes.com/2016/06/03/world/europe/armenian-genocide-germany-turkey.html?_r=0. 12 The Cambodian Genocide occurred between 1975 and 1979 at the hands of the Communist Khmer Rouge regime against the Cambodian people. The Cambodian Genocide, END GENOCIDE.ORG, http://endgenocide.org/learn/past-genocides/the-cambodian-genocide/ (last visited
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